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03-02-2006 Regular Meeting909N 23 ',~r~fr~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF MARCH IN THE YEAR TWO THOUSAND AND SIX PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. Thomas R. Ivy Phillip A. Bradshaw ',i Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Anne F. Seward, Assistant County Administrator Carey Mills Storm., Recording Secretary Chairman Wright called the meeting to order at 6:00 p.m. // Supervisor Brown delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Wright called for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda: Under Special Presentations, add Item (D) to hear from Phil Hopkins, VDOT, on the Tourist Oriented Directional Sgnage Program; .under Special Presentations, add Item (E) to hear from William Downey and Renee Rountree of Riverside Regional Health .System to discuss the availability of surgical services in the County and the presentation of an AED to the County;. under the County Attorney's report, add an additional. item for an update on codes enforcement litigation; under Old Business, add Item (D), consideration of a Resolution to Appropriate Carryover Funds from:. the Unappropriated Fund Balance. to the School Construction Fund Project; .under the Closed Meeting, add four (4) additional matters;. under .Old Business, add item (E), a report from staff on the proposed Route 460 realignment; and, under New Business, add one (1) additional matter. Supervisor Bradshaw moved that the Boazd approve the agenda, :as amended. The motion was adopted by a vote of (5-0) with Supervisors 1 ene~ 23 •H~726 Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Wright called for Special Presentations. Janice A. Hardison, Commissioner of the Revenue, responsive to the Board's request at its February 15, 2006 meeting, addressed the method by which the license. tax rate is determined. in the County. for coin-operated machines. She advised that the County's ordinance adopted April 21, 1988 on coin-operated machines is based on a rate per machine only, not on gross receipts. She advised that she has surveyed the Cities of .Suffolk, Franklin, Fortsmouth, Hampton, Norfolk, Chesapeake and Newport News which tax on gross receipts for. coin-operated machines and levy a fee on amusement machines and tax their gross receipts. She recommended that the County be in compliance .with the other surrounding.- localities and impose two , (2) separate rate structures, as follows: Gross receipts for coin-operated machines, and gross receipts and a fee on amusement machines. Supervisor. Wright inquired if the Code. of Virginia regulates where .coin-operated machines must be located, . Ms. Hardison replied that she was unaware of any. code regulations. Supervisor Bradshaw moved that the Board direct the County Attorney to review the Code of Virginia with respect to what it allows. the County to do, and not do, regarding coin-operated machines, and bring back a report for consideration and further direction from the Board. with respect. to the drafting. of an ordinance that provides :for two (2) rate structures, as currently charged by other surrounding localities. The motion was adopted by a vote. of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright .voting in favor of the motion and no Supervisors voting against the motion.. Ms. Helen Hayes Summer, Director of .Development, Habitat for Humanity, Inc.,. briefed the Board regarding Habitat's continued interest. in the donation of property from the County to build a Habitat house. She stated that the average cost of new. construction in the County is ..approximately $408,000, and that the cost of housing has increased 28% in the area,, while few people are seeing that kind of increase in their incomes. She advised that Habitat currently builds ten (10) homes per year, and has the goal of building a home in the Countyevery other year.. She stated Habitat builds its homes with. selected families that .are required to help build and undergo a homeowners' training class. She advised that Habitat has received 400 applications during the open application period this: year, and will build between fifteen (15) and eighteen (18) .homes across the region... She expressed Habitat's desire to expand .home construction in the County, and work with .staff to develop creative housing projects. She advised that 2 I' I~ 1 aooK 23 :, :, 721 r.. Habitat .has, partnered with municipalities in the past relative to grant. proposals and other types of funding requests. She requested assistance from ..the Board in acquiring some lots in the Booker T. Estates subdivision,,with an invitation to the County, builders, .churches and civic leagues to help build. affordable housing for low-income residents in the County. Responsive to Supervisor Bradshaw, Beverly H. Walkup, Director of Planning and Zoning, offered to work with the County Attorney relative to the purchase of lots located. in the Booker T. Estates Subdivision. She advised that-the number of lots that could be purchased in the Booker T. Estates Subdivision would be dependent on the yield received from the sale of the lot in Ennisdale Estates. Supervisor Clark moved that the Board direct staff, at one (I} of the April, 2006 meetings, to come back with a recommendation that best utilizes the dollar value of that lot as it would translate into additional homes fore Habitat,. wherever Ms: Walkup sees fit.. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright .voting in favor of the motion and no Supervisors voting. against the motion. Supervisor Ivy requested Ms. Walkup to also: investigate the cost of the lots in the Booker T. Estates Subdivision. Assistant County Administrator Seward, on behalf of Denene Howard, CASA Coordinator, briefed the Board on the recent accomplishments of the. Fifth. District CASA Program which include: Upgrade. from a "provisional status" to certified full program membership; service to twelve (1 Z) children and. one (1) new case as appointed by the Court system; press releases generating several potential CASA volunteer. additions; PEG Channel posting of .program information; development of volunteer recruitment pamphlets; training of two (2) new .volunteers with additional applications pending; adoption of new training resources to aid in-.the recruitment of volunteers; meetings with various local, State and national CASA representatives -on various program development initiatives; revision of CASA Policies and procedures forwarded to the State for review;. utilization of a citizen support group to implement ,an aggressive. public relations- and volunteer recruiting campaign; and, development of a volunteer appreciation program scheduled for April, 2006. Phil Hopkins, Traffic..Engineering Division, VDOT, addressed the Board relative to the: Tourist Oriented Directional Signage (TODS) Program which is administered out of the central office and is a state-wide program.. He made reference to a nation-wide document entitled .Manual on Uniform Traffic Devices that all states are .required to ..use.: on all highways, and in .which TADS signs are incorporated.. He advised that the .intent of TODS signage is to .increase exposure. to tourist destinations statewide. He advised that in 1999 the General Assembly enacted legislation requiring VDOT to establish a TORS program. He made reference..to a letter fram Governor 3 e aooN 23 =p:.;~728 Warner instructing VDOT to implement a TODS program and a letter from the Secretary of Transportation also instructing VDOT to'establish a statewide TODS program. He stated. when the General Assembly enacted this legislation, VDOT had already begun to its reduce staff and-the resources dvere not available to implement the program. He stated that VDOT in July of 2003 combined four (4) of its similar existing programs and hired Virginia Logos, a private contractor, to manage and administer the program. He advised that. ahe Statewide Directional Sgnage Advisory Committee vras formed, of .which some of the representatives are from. Virginia Association of Counties (VACo) and the Virginia Municipal League (VML) who .work with VDOT on a monthly basis establishing .the program. He advised that following. the public hearings.. which were held. in May of 2004, the' Commonwealth Transportation Board (CTB) adopted in September, 2004, the criteria and fee structure, which was subsequently amended in June, 2005, and which is contained in the Board's agenda packet. He stated that all signs are located within VDOT rights-of--way, and because it is considered a directional highway sign, there is no local review process for any of the signs that are installed. He stated that while VDOT, in the past, had not notified local jurisdictions that the signs were being. installed, they do intend to change that process, and anytime a new sign is to be installed, VDOT will notify the affected local governments, although VDOT is not asking for approval of the signs.. He stated with respect to the Carrollton Furniture sign, included in the Board's .agenda- is the application it submitted and the contract the firm has with Virginia Logos to .install the signs. He stated the company .applied as a retail tourism antique business, and Virginia Logo determined that it is an antique business, and it is qualified to come under the program. He formally introduced Jason Newcome, Virginia Logos, who manages the program statewide. .Supervisor Bradshaw stated that the instructions in the letter from .Governor Warner in 2003 were different from how the .program was implemented by VDOT. He stated his instructions pertained to the .development of the wine industry. He stated he did not believe that it was the Governor's intention that signs. would be placed all across the state. Mr. Hopkins stated that the Governor's representative to the Secretary of Transportation worked with VDOT staff -daily for overa year, and. he is sure they carried through with the Governor's intent for the program. Supervisor Clark stated that reproductions are sold at Carrollton Furniture,. not antiques, and it is not a tourist destination. He stated that the Town of Smithfield is the tourist destination in this area. Mr. Hopkins offered to work .with ahe .committees to develop a revised. definition for an antique business if the current definition is not appropriate, He noted that Carrollton .Furniture .has a one (1) year contract, and at renewal time, if the definition has been changed and it does not meet the current definition, then it will not be eligible. 4 1 1 tdgh ~~ +r::Y~~~ .Supervisor Bradshaw moved that the Board direct staff to correspond. with James Campbell, Executive Director, VACo and Rudy Butler, Fresident, VACo, to request an explanation of why VAGo supported this legislation. and to voice the County's displeasure with Tourist Oriented brectional Signage being placed in the County without the County's permission, and .that the.. County: has no opportunity to opt-out. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, .Clark, Ivy and- Wright voting in favor of the motion and no Supervisors voting against the motion. County Attorney Stroman. noted that he had reviewed the definitions section, but he did not see a reference to antique shops. Mr.:Hopkins replied that VDOT is currently developing a larger Operations Manual that contains expanded definitions. Supervisor Clark inquired if Carrollton Furniture had to resubmit an application for renewal of its application. Mr. Hopkins replied that Carrollton Furniture has an automatic renewal; however, the contrast requires that. if there is a change in the business at any time during. the contract period. that the contract is .null .and .void if VDOT finds out it does not meet. the original intent.. He .noted that the County does not have any input at renewal time.. .County Attorney Stroman advised that if the County investigates this matter and believes there is some basis on which to question whether the business qualifies under VDOT's program, surely.VDOT would consider that in the renewal of the sign and not make the application an automatic renewal for the business. Mr. Hopkins verified that if the County .has facts to support that Carrollton Furniture does not meet the current definition, Virginia Logos will. investigate the .matter, and if the store does not meet.. the current definition, ~ the signs will be removed. 1 County Attorney Stroman. requested Mr. Hopkins to provide him with a copy of the Operational Manual for the Tourist Oriented Directional Signage Program -once the document is developed by VDOT staff so that he may review the section pertaining to definitions, specifically with respect to ~~ .antique businesses.. William Downey, Executive Vice-President..-and Chief Operating Officer, Riverside Regional Health System, formally introduced Riverside` staff members John Peterman and George. Phillips, and Renee Rountree,. Vice-President of'the Rehabilitation Institute. He briefed the Board on the availability of surgical services in the County. He stated that Riverside has .received permission from the state to expand the diagnostic services to 5 . s eoo~ 23 f~+73d include MRI .and CT services.: He advised that Riverside is currently in the process of reapplying for the ambulatory surgery center, which was formally denied. He presented the Board with an AED on behalf of Riverside for use in County. facilities. // Chairman Wright indicated the .Consent Agenda included .the following .items:. A. The Year of Regional Citizenship B. Regional Groundwater Mitigation Program C. Sheriff's Office and Commonwealth's Attorney's Office - Annual and Sick Leave D. Architectural .Survey. -Community Meeting E. FY OS-06' Fire Funds Program F. Shirley T. Holland Commerce Park, Phase II -Wetlands Permit ` G. Juvenile Accountability Block Grant -Status Report, H. Leadership Isle of Wight-Prior Substance Abuse Prevention I. DEQ/Public Notice dated February 6, 2006 J. February 2,2006 Regular Meeting Minutes Supervisor Bradshaw moved that the Board adopt the Consent Agenda, as presented. The. motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors. voting against the motion. // .Chairman Wright called for Regional Reports. Supervisor Bradshaw. reported that staff will be providing additional information in the near future relative to the most recent meeting. of the Hampton Roads Economic Development Alliance. Chairman Wright reported that at the .most recent meeting of the Mayors and Chairs, the details of the consultant's contract relative to BRAG were discussed. 6 R s o ~~ ~ :.~7~~~ Chairman Wright reported that the main topic of discussion at the most recent meeting of the Southside Mayors and Chairs Caucus was how to keep children enrolled in schools. Supervisor Ivy reported than the new agreement between the County, the City of Suffolk and the Western .Tidewater Water Authority was. adopted unanimously at the most recent meeting of the Western Tidewater Water Authority. - Supervisor Brown reported on the most recent meeting held by the Southeastern Public Service Authority in which the City of Chesapeake expressed adamant opposition to the barging in of waste- from New York City to Portsmouth. He further reported that Portsmouth has had a series of public hearings and Chesapeake presented a resolution that gives one {I) participating member of the Authority the right to cancel by negative vote. He stated .that there. is an ongoing debate between the Cities of Suffolk and Virginia Beach about tipping .fees, and .Suffolk .has been charged with developing an analysis of .the benefit that Suffolk brings to the total Authority, in lieu of financial payments. Supervisor Clark reported that the Coalition of High Growth is monitoring legislation at the General Assembly. Supervisor Clark reported that. at the most recent meeting of the Western Tidewater Regional Jail supplemental payments which will now be required from member jurisdictions was discussed. Supervisor Clark reported that the Hampton Roads Planning District Commission remains focused on transportation and other related issues: under consideration at the General Assembly. /I At 5:00 p.m., Supervisor: Bradshaw moved that the Board amend the regular order of the agenda in order. to conduct the public. hearings. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,. Clark, Ivy `and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: A. FY' 2007-2011 Capital Improvements Plan Chairman Wright called for .persons ' to speak in favor of, or in opposition to, the proposed Capital improvements Plan. 7 _d t ~~ F; -- i DQQU 2J +;,!'7tJ~ Bruce Venter, Assistant Superintendent of Isle of Wight County Public Schools, requested support of the school administration's portion of .the Capital .Improvements Plan. Chairman Wright closed the public hearing and called for comments from the Board.. Supervisor Bradshaw. made .reference to a request for financial support that came in late. that needed to be considered by the Board from The. Genieve Shelter,. and-which needs to be included in the Capital Improvements Plan. Supervisor Bradshaw .moved that the Board adopt the FY' 2007-201 I Capital Improvements Plana The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy. and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: B. 2006-2012 Secondary Six-Year Priority Plan/Fiscal Year 2006- 2007. Construction Budget/Resolution Approving the Isle of Wight County 2006-2012 Secondary Six-Year Improvement. Priority Plan and Fiscal Year 2006-2007. Secondary Construction Budget. Chairman Wright inquired about the accuracy of the recent news article.. relative to available VDOT funding. MacFarland Neblett, Resident Engineer, VDOT, reported .with respect to the secondary road system, he has not heard that there, would be less funding available than what was represented in the. Plan. Chairman Wright called for persons to speak in favor of, or in opposition ta, the 2006-2012 Secondary Six-Year Priority Plan and the Fiscal Year 2006-2007 Construction Budget. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor. Clark moved the Board adopt the following Resolution: RESOLUTION APPROVING THE ISLE OF WIGHT COUNTY 2006-2012: SECONDARY SIX YEAR IMPROVEMENT PRIORITY PLAN AND FISCAL YEAR 2006-2007 SECONDARY CONSTRUCTION BUDGET WHEREAS, the Isle of Wight County Board of Supervisors and the Virginia Department of.Transportation held a public hearing on March 2, 2006, to solicit citizen's comments and recommendations concerning the Isle- 8 1 1 f ~o~~ 2~ .~::~73~ of Wight County 2006-2012 Secondary Six-Year Priority Plan And Fiscal 2006-2007 Secondary Construction Budget; and, WHEREAS, comments and recommendations have been .received during the public hearing on this matter, and such have been considered and .incorporated as appropriate in the .2006-2012 Secondary Six-Year Priority Plan And Fisca12006-2007 Secondary Construction Budget._ NOW, THEREFORE BE IT RESOLVED that the Isle of Wight County Board of Supervisors does hereby accept and approve the Isl of Wight .County 2006-20.12 Secondary Six-Year Priority Plan And Fiscal .2006-2007 .Secondary Construction Budget. BE IT FURTHER .RESOLVED, that the County Adm'nistrator is hereby authorized to do all things necessary to give this resolution. effect. The motion was adopted by a vote of (5-0) with Supervisor Bradshaw,. .Brown, Clark, Ivy and Wright voting in favor of the moti n and.: no Supervisors voting against the motion. !/ ~ Supervisor Bradshaw moved that the Board return to the .regular order of the' agenda. The motion was adopted by a vote of (.5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Wright called for Transportation Matters. Supervisor Bradshaw requested that Mr: Neblett .address the status of farmers' concerns .expressed relative to low-hanging limbs damaging their equipment. Mr. Neblett advised that VDOT is currently undergoing trimming efforts to accommodate school buses and farm equipment. Supervisor Bradshaw inquired as to the status of the contractors employed. by Dominion Virginia Power who were cutting limbs in the VDOT right-of--way and destroying wetland areas and ditches along Colosse Road. Mr. Neblett offered to investigate Supervisor Bradshaw's concern. Supervisor Bradshaw notified Mr. Neblett about a flooding situation on Colasse Road, just north of Pruden Road. Mr. Neblett offered to investigate. 9 `1 ~ ,. _ - Chairman Wright notified Mr. Neblett that overhanging shrubs along Lover's, Lane are in need of trimming.. Mr. Neblett offered to investigate. Supervisor Bradshaw requested the placement of a flashing light at the tunnel at Thomas Woods Road in Zuni to address safety concerns. Mr. Neblett offered to investigate. Chairman Wright inquired. about the status of the traffic count study. being conducted in Windsor.. Mr, Neblett advised that the results of the study are not available at this time. Supervisor Clark requested that Mr. Neblett provide a list of public service _ individuals to him who have applied to VDOT for "Adopt A Highway" signage along Route 17. .Chairman Wright notified Mr. Neblett about the build-up of leaves and the need to remove trash. in the ditches along Orbit Road. Mr. Neblett offered to investigate. /J Chairman Wright called for Citizen's Comments. Herb DeGroft of 15411 Mill Swamp- Road distributed 2006 Isle of Wight :County Living Guides to the Board members, .which include the various churches and their ministers in the County. He suggested staff hold. a breakfast .meeting, with those ministers regarding emergency .preparedness efforts in the County. He also provided copies of an article that appeared in the Daily Press in relation to the need for realistic evacuation planning, to include recommendations. He stated that he had earlier shared his thoughts relative to the School Board budget, and he advised that its public hearing is scheduled for March 9, 2006 at 7:00 p.m. Richard Milhouse of Windsor advised that the.. court had ruled that his small auto repair business is grandfathered for eight (8) automobiles. He further advised that. every automobile on his property must be licensed and tagged, and he feels that every auto repair business in the County. should. alsa be held to the same standards. He stated. it is not feasible to .tag, license, and insure all the vehicles in the auto .repair business. He advised that he had sold a piece of his property because of code violations relative to a landfill, and that staff should look at properties before a business license is issued. 10 1 i~ I~ 1 so~K 2~ ~N~.735 ~~ Chairman Wright called for the County Attorney's report. County Attorney Stroman advised that pursuant to the question raised by several citizens previously as to whether or not the County could require a notation on deeds indicating that the property-had received an application of biosolids, and his earlier provided opinion that the County likely did not have such authority based on the billion Rule and the Preemption Doctrine, he had solicited an informal opinion from the Virginia Attorney General, a copy of which is enclosed in the agenda. • The Attorney General's. Office has .also .reached the same conclusion as his earlier legal opinion. He stated .that he considers this issue to be closed, unless the General Assembly acts to impose a requirement, or to provide a local option, which he considers highly unlikely, County Attorney Stroman presented a Deed of Easement/Rght-of Way for the conveyance of right-of--way to VDOT in the Heritage .County .Park .which is necessary. in order for. the County to obtain grant funds. He recommended that the Board authorize the Chairman. to execute the deed- on behalf of the. County. Supervisor Bradshaw moved-that the Board authorize the Chairman to .execute the. Deed of Easement on behalf of the County.. -The motion. was .adopted by a vote of (5-0) with Supervisors. Bradshaw, Brown, Clark, Ivy and. Wright voting in favor of the motion and no Supervisors; voting against the motion. County Attorney Stroman presented an Addendum for .hosted global .services with The Active Network, .Inc.. which he recommended that the Board authorize the Chairman to execute on behalf of the. Board. Supervisor Ivy moved that the Board authorize the Chairman to execute. ' I the: Addendum on behalf of the Board with The Active Network, Inc. The.: motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, -Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. County Attorney Stroman informed the Board that he would be filing with the Circuit Court Clerk's Office on behalf of the Board an executed Deed of Bargain and. Sale by and .between Mr. Elliot Cohen and the Board. County Attorney Stroman made reference to a memorandum which was ..included in the. Board's agenda relative to the codes enforcement matter of .Richard Milhouse which occurred in May, 2003, and which the County had. filed a lawsuit in May,.2004. He advised that Mr. Milhouse had been.: found. guilty on five (5) .counts, and fined $1,500 accordingly, with ,$3,500 in fines.. 11 g e -and six (6) months in jail suspended. He advised that. he would continue. to monitor the matter in order to obtain compliance. County .Attorney Stroman advised the remaining items in his section would be discussed with the Board later during the Closed Meeting. // Chairman Wrightcalled for the Community.Development Report. Patrick J. Small, Director of Economic Development, presented the. application of Johnson Development Associates for the Shirley T. Holland Industrial Park "Phase Ii" for a Water Quality Impact Assessment (WQIA) review for. approval pursuant to Section 5004 of the Chesapeake Bay. Preservation Area (CBPA) Ordinance to construct a three hundred, twenty- nine thousand. (329,000} square foot. industrial building located off of Old Mill Road (Route 607} in the Windsor Election District. He advised that the. Chesapeake Bay Local Assistance Department's (CBLAD) comments have been addressed satisfactorily.. He stated with respect to the reports, they. contained a typo with respect to "no" not included before RFA's, as there are no RPA's -that would be affected by this project. He advised that the Planning Commission .had expressed concern when it recommended the application to the: Board for approval due to the Lack of a professional. engineer's stamp, He advised that this has been addressed, and the engineer is also present.tonight, Supervisor Bradshaw .moved that the Board. approve the. application of Johnson Development Associates, as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and- Wright voting in favor of the motion and no Supervisors voting against the motion.. Responding to .Supervisor Clark, .Beverly H. Walkup, Director of Planning and Zoning, verified that the septic system for the Lawnes Point development remains a no-discharge system. /! Chairman Wright called for the Parks and Recreation Report. Alan S. Nogiec, Director of Parks and Recreation, addressed the issue of a name for the primary road going into the Heritage Park entrance road. He advised that staff's recommendation is that the road be named Heritage Park Trail. Supervisor Clark moved that the Board authorize the naming of the Heritage Park entrance roadway as the "Henry H. Bradby. Trail" because former Supervisor Bradby was an advocate of recreation throughout the County. The motion was adopted by a vote of (5-0) .with Supervisors 12 n 1 1 ~oAK ~~ .~:*7~7 Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. The Board indicated a desire to hold a dedication ceremony at a date to be determined. when the sign is received. Mr. Nogiec presented for the Board's information a proposed "action plan for the County Fairgrounds intended to address the development issues at that property. Chairman Wright requested that the white building at Camp .Washington be addressed. // Chairman Wright called for the County Administrator's report. Donald M. Long, Director of Public Works, reported on the Electoral Board's request, preferably for use of the School Board's portable classroom, to store twenty-nine (29) voting machines.. He further advised of the Clerk of .Circuit Court's request, preferably for the Old Jail building,. to store 160 .deed books for approximately three (3) years or until construction of a new Courts building. Supervisor Ivy moved to adopt the list, as follows and as presented by staff:. With respect to the first floor and exterior of the Old Jail, to request the ..newly formed Historic Resources Division to develop.. an Action. Plan (to include timeline and budget needs) for restoration and interpretation of the Old JailBuildng's first-floor and exterior; with respectto the Old Jail second floor, to direct staff to allow the second .floor usage of the Old Jail by the .Circuit Court Clerk's Office for. storage purposes on an interim basis. until future construction of a new Courts Building; and, approve the request of the Electoral Board for the use of the School. Board's portable classroom adjacent to the Voter Registrar's Office. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Nogiec .presented the .issue of efforts to establish America's first .National Historic Water Trail, which is part of the Jamestown 2007 effort. He requested. that the Board adopt the Resolution Pledging Support for the Captain John Smith Chesapeake National Historic Water Trait .Feasibility Study.. .Supervisor Clark moved that the Board adopt-the following Resolution; authorize staff to send a Letter of Support addressed to the Honorable Gale A. Norton dated March 2, 2006; and add Congressman. Forbes to the list of individuals carbon copied on the letter:. 13 i A .. RESOLUTION PLEDGING SUPPORT FOR THE CAPTAIN JOHN SMITH CHESAPEAKE NATIONAL HISTORIC WATER TRAIL FEASIBILITY STUDY WHEREAS, .the Isle of Wight County Board of Supervisors, Isle of Wight County, Virginia desires to commemorate the 400th anniversary of the .English settlement of America and Captain .John Smith's monumental voyages.of exploration inthe Chesapeake Bay; and WHEREAS, Captain Smith's exploration of the lower Chesapeake Bay and tributaries comprised a significant portion of his voyages in 1608. Captain Smith explored and mapped the lower Chesapeake region, met and traded. with Virginia Indians along the way, and traveled to many of our region's present day towns and communities; and WHEREAS,. at the time of Captain .Smith's .arrival, the lower Chesapeake Bay -was .home to a substantial population of Virginia Indians whose knowledge and trade goods were essential. to the survival of the English settlement at Jamestown: and, WHEREAS,. on account of the leadership of Representative Randy Forbes, Senator John Warner and Senator George Allen, the U.S. Congress passed legislation authorising the National .Park Service to study the feasibility of establishing the Captain John. Smith Chesapeake National Historic Water Trail as a unit of the National Trail System; and, WHEREAS, the National. Parka Service is currently conducting the trail feasibility study; and .WHEREAS, our community's. historic and recreational resources generate significant. economic revenue from heritage .tourism. The Captain John Smith Chesapeake National. Historic Water Trail will make. an important new addition to these resources; and, WHEREAS; The Captain John Smith Chesapeake National Historic Water Trail will provide an excellent opportunity for the public to learn about Virginia Indian history, early English settlement, as well as the tributary. rivers to the-Chesapeake Bay. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors .pledges its support for the Nationat Park Service's Captain John Smith Chesapeake National Historic Water Trail feasibility .study. The Isle of iNight County Board of Supervisors is eager to ..participate in support of the study process, .and urges the National Park Service to complete it on an expedited basis. 14 1 1 1 1 BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors has transmitted a copy of this resolution to the Secretary. of the Interior, the Director of the National Park Service, .and Members -of the Virginia Congressional Delegation.. The motion was adopted by a vote of (4-0} with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. County Administrator Casket' stated. pursuant to the Board's direction at its December, 2006 meeting, staff has developed a proposed car tax brochure responsive to the 2006 car tax relief program. Liesl R. DeVary, Director of Budget and Finance,. advised that staff has .received anotice -from the Auditor of Public Accounts relative to the amount of personal property tax relief that the County will realize in the amount of $5.1 million. She stated tax payers are anticipated to realize tax relief at a rate of 60%. She requested that the Board adopt the Resolution to . Appropriate Funds from the Unappropriated Fund Balance for the .Printing and Mailing of the Car Tax Brochures to the public. Chairman Wright indicated that the Commonwealth of Virginia should be listed first on the brochure and not the locality.- Supervisor Ivy moved that the Board adopt the following Resolution:.. RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR THE PRINTING AND MAILING OF CAR-TAX BROCHURES WHEREAS, the Board of Supervisors of the County of`Isle of Wight, Virginia ,has approved. the printing and mailing of informational car tax brochures to explain the changes in-the 2006 Tax Relief Program; and, WHEREAS, funds in the amount of eleven thousand dollars ($11,000} need to be appropriated from. the Unappropriated Fund Balance of the .General Fund to the FY 2005-06 Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that. eleven thousand dollars ($11,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2005-06 Operating Budget. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make .the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. 15 d a ~®~n~c rh~s~'~~ The motion was adopted by a vote of (4-0) with Supervisors Brawn, Clark, Ivy and. Wright voting in favor of the motion; no Supervisors voting against. the motion; and, Supervisor Bradshaw absent for the vote.: Emily G. Haywood,: Director of Human Resources, represented a request for a County .Pay and Classification Plan to assist staff with correcting certain discrepancies related to adjustments with ranges and grading noted in the County's compensation plan. She requested the Board's permission to proceed with obtaining vendor quotes in an effort to speed up the process. Supervisor Bradshaw pointed out that the County has undergone a .compensation study twice over the past ten (10) years, with the latest study. being completed within the last two (2) years. He stated that he is opposed to hiring a consultant, and he feels the best plan is to establish. a committee internally. He stated that he has .always found that when an in-house committee develops a plan in .which they can take ownership, the plan is more successful. County Administrator Casket' reminded the Board. that one (1) of the reasons for having the study done externally is for objectivity. Supervisor -Brown stated that the diversity of the committee and how much experience the members hold is an .important aspect of the .successfulness of the plan; however, when consultants are brought in, they bring with them. different ideas. He stated that. two (2) years is not a sufficient amount of time for a new mythology to be developed. Supervisor Ivy stated that there is a benefit to hiring a consultant as well as establishing a committee to develop a plan internally. He noted that normally the. plans are developed in-house only in large organizations, and he is not. sure that the County has the experience to develop a plan objectively, Supervisor Bradshaw noted that the County has employees. that have multiple :degrees in various fields, and also has employees that do .not have a degree, but have been. employed for twenty (20) or more years and their experience is superior to any consultant who could be hired. He suggested that a mediator from the Paul 1?. Camp Community College be utilized to ': oversee the development of a plan. Supervisor. Brown suggested that a set. of parameters be developed to eliminate. subjectivity. Supervisor Bradshaw concurred that some: type of .parameters would need to be established. Supervisor .Bradshaw moved the Board direct staff to review .the concept of having a .team established within the departments, utilizing the services of a mediator .charged with the development of parameters to determine if this effort will be successful in this manner. The motion was l6 1 1 1 I~ . t ~aD4c ~; ti';~~~ . _ adopted by,a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting:in favor of the motion and no Supervisors votingagainst the motion. County Administrator Casket' stated pursuant to .the Board's direction at its February I5, 2006 meeting, .staff has. investigated. the feasibility of implementing a Coyote bounty. He stated it is staffs recommendation that the Board not proceed with establishing a coyote bounty. Supervisor Ivy. moved not to establish a coyote bounty program in the County at this time. The motion was adopted by a vote of {5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favorof the motion and no Supervisors voting against the motion. // Chairman Wright called for Appointments. Supervisor Bradshaw moved that the Board reappoint Beverly Tubbs to serve on the Commission on Aging, representing the Carrsville District.. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,; . Clark, Ivy and Wright voting in favor of the motion- and no Supervisors voting against the motion. Supervisor Bradshaw.moved that the Board reappoint J. C. Jenkins, Jr. to serve on the Planning Commission, representing he Carrsville District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,. Clark, Ivy .and Wright voting in favor of the motion and no Supervisors voting against the .motion. Supervisor Ivy moved that the Board reappoint James Wesley Brown to serve on the Wetlands. Board, representing the Smithfield District. The motion was adopted by a vote of (5-0} with Supervisors Bradshaw, .Brown, Clark, Ivy and Wright .voting in favor of the motion and no Supervisors voting against the motion. Assistant County Administrator Seward was requested by Supervisor.. Bradshaw to follow-up and provide a recommendation on the appointment of a representative for the school .administration and the Newport. District to .serve on the Office on Youth Oversight Committee. Supervisor Ivy requested that Assistant County Administrator Rountree provide the Board a report at the Board's March 16, 2006 meeting relative to the Transportation Safety Committee. // Chairman Wright called for Old Business... 17 ~` eea~ ~3 ~~a'~4~ Sheriff C. W. Phelps, Chairman of the Emergency Communications Center Board of Directors, briefed the Board. relative to associated costs for a redundant.. secondary emergency dispatch operation at the Smithfield Dispatch Center which would serve as a backup unit for the communications center in the Sheriff's ®ffice in the event it failed. He stated the vendors presented cast quotes for an unmanned state-of--the-art redundant center at the February' 2?, 2006 Emergency .Communications Center Board of Directors'. meeting. He .notified the Board that there is recurring cost involved at $1,000 monthly for. telephone and equipment, as provided by Verizon. He advised that the Board of Directors did not accept the proposed cost, realizing further study is needed. He stated the original idea was to obtain aprice -for presentation in the Capital Improvements Program (CIP); however, staff is requesting additional time to review the items in an effort to reduce. the cost and determine what items are truly necessary. Ms. DeVary reminded the Board that the County levies a special E-911 .:tax, and as of June 30, 2005, the E-911 fund contained approximately $410,000 in the unreserved fund balance. She. suggested that rather than the funds being. placed in the Capital Improvements Plan, and because this is a special revenue fund and the County's Memorandum of Understanding-with the two (2) surrounding Towns of Smithfield and Windsor that the operating and capital costs will be shared with the County, that this item could be included in the budget process. She advised. the Board that it could allocate approximately $300,000 from the fund. balance towards this .project, which would most likely be the County's portion with the Towns splitting a portion of the remaining needed funds. County Attorney Stroman endorsed the recommendation of Ms. DeVary which would be operating in such a way that is consistent with .the Memorandum of Understanding with the Towns. of Smithfield and Windsor. Following comments from Supervisor Clark about the feasibility of incorporating aback-up center in a separate facility at the Courthouse Complex, and how the center could be incorporated into the County's funding, Sheriff Phelps offered to return to the Board of .Directors -with the request for further study relative to the best location of the "proposed back-up center. Supervisor Clark requested Sheriff Phelps to investigate. what Gloucester, Prince George. and Southampton Counties have with respect to .redundant back-up centers. Supervisor Clark noted the need for back-up generators at emergency operations centers for. use during disasters. Ms. Haywood stated pursuant to the Board's direction at its February 2, :2006 meeting relative to eligibility guidelines. for health insurance in other 18 1 ~ 1 1 eoa~ 23 . .:74 surrounding localities. She stated normally .employees are eligible for health insurance the first of the month following the month they are employed. She stated with respect to the Board's request for research on a sliding. scale, the County Attorney had provided information. under separate cover to -the Board. She recommended that the County provide its .new employees .with health insurance the first of the month following the month of employment. Supervisor Clark moved that. the Board provide new employees with health insurance the first. of the month- following the month of employment consistent with a majority of other localities and to continue collecting premiums with uniform rates for coverage regardless of position. The motion was. adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion. and no Supervisors voting 'against the motion. Assistant County Administrator Rountree distributed a report relative to revitalization efforts of the Newport Development Service .District Revitalization Committee and the Southern Development Committee. He stated that what appears o work in the northern portion of the County, which is -more developed, is landscaping of the medians and shoulders of the . roadways; screening in some locations to hide less attractive areas; landscape easements; and, signage. He stated in the southern area of the County, the focus is more on doing. beautification as part of an .economic development effort to revitalize that area. Supervisor Bradshaw noted the need to speak with. representatives of Norfolk Southern Railroad relative to landscaping and painting of the .truss, as well as improved maintenance of the CSX right-of--way. Supervisor Clark offered to assist Mr. Rountree relative to making. contacts with CSX Railroad representatives. County Administrator Caskey referred to a Resolution to Appropriate Carryover Funds from the Unappropriated Fund Balance to the School Construction- Fund Project,. which had been placed in front: of the Board prior to the meeting for its consideration. I Chairman Wright recalled that the Board had requested an itemized list from the school administration .outlining which. bills were paid and from. what categories.. County Administrator Caskey referred to a letter dated February 28, 2006 from Dr. McPherson which makes reference to the amounts for the six (6).items identified. Chairman. Wright moved that the Board .take a five. (5) minute break. The motion was adopted by a vote of (5-0) with .Supervisors Bradshaw, 19 sAOt 2~ %d.'~~~ Brown, .Clark, 1<vy and Wright voting in favor of the motion. and no Supervisors voting against the motion, ..Supervisor Bradshaw -moved that the. Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors. Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion.. , Supervisor Ivy moved thatthe Board adopt the following Resolution: RESOLUTION TO APPROPRIATE CARRYOVER FUNDS FROM THE UNAPPROPRIATED FUND BALANCE TO THE SCHOOL CONSTRUCTION FUND BUDGET WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the appropriation of carryover funds in the amount of sixty- two thousand three hundred forty four dollars from the Unappropriated Fund Balance of the General Fund to theFY 2005-06 School Construction Fund Budget; and, WHEREAS, the funds in the amount ofsixty-two thousand three hundred forty four dollars ($62,344) is available in the Unappropriated Fund Balance of the General.Fund and has been approved for appropriation to the FY 2005-06 School Construction Fund Budget of the County of Isle of Wight, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that sixty two thousand three hundred forty four dollars ($62,344] from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2005-06 School Construction Fund Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator. of the County of Isle of Wight, Virginia is authorized to make the .appropriate .accounting adjustments in the budget and to do ail things necessary to give this resolution. effect. The motion .was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw requested a briefing from- staff relative: to the proposed realignment of Route 460. Patrick J. Small, Director of .Economic Development, advised that pursuant to the direction of the Board, a letter was sent to the Secretary of Transportation under the signature of the Chairman. He further advised that staff is conducting a community meeting on Monday, March 13, 2006 at '7:00 { 20 II 1 1 eoo~ 23 ;,:_:x`745 p.m. in the Windsor Ruritan Building, to discuss possible future-alignments of US Route 460, and that invitations to attend had been mailed to 585 property owners .west of Route 258,. south of Route 460, east. of fhe-Southampton County line and north of Burdette Road. He stated staff will be working with the citizens to develop an alignment for the Board's review within the next several. months. He advised that it appears that VDOT is not going to participate in the community .meetings, but may allow staff to -meet with VDOT design representatives following the community meetings. He stated - if VDOT does not. participate in the community meeting, staff will take the alignment to Richmond and will work :with VDOT design staff to ensure that it does address the needs of the community. Mr. Long notified the Board that as of today, work. release individuals have been reassigned to the Department of Public Works in an effort to .address the ever increasing: litter .problem in the County. He stated. that contained in his report provided .under separate cover are the names of the roads for which seven (7) drivers within the Department. of Public Works have completed clean-up, as well as a priority list of the roads that will be cleaned in the future. He stated that he intends to get the Boy Scouts and civic clubs to also help with the clean up in the future. Supervisor Ivy requested that litter be cleaned up along Beery Hilt Road to Route 258. Supervisor Clark, recommended that Mr. Long request that the Clerks for the Cixcuit Courts and General District Courts order community service workers directly to Mr. Long instead of going through the Western Tidewater Regional 3ai1. Mr. Long notified the Board of an Employee Litter Clean-Up Day scheduled for .Saturday, March 1 1, 2006 to clean up Route 258 between the Towns of Smithfield and Windsor. He advised that the Sheriff's Department has volunteered to hold acounty-wide clean-up day on Saturday, September i 9, 2006, and post auxiliary officers at each convenience center to educate the public. He requested that the-Board adopt a litter ordinance, and that included with his board report is a sample ordinance adopted by Loudon County ,Supervisor Clark moved that the Board direct the County Attorney to prepare a litter ordinance. for the Board's consideration. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,.Ivy and Wright voting in favor of the motion. and no Supervisors voting against the. motion. Supervisor Bradshaw requested that Mr. Long investigate if tires are being thrown into the dumpster ..along with other .trash at the'. Carrsville Convenience Center. 21 800 2~ .r.~~~46 Supervisor Ivy .stated that he .understood that in the past if a developer desired to building several homes that the County required him to set aside a portion of the property for a convenience center. He stated that he was , unsure if any of these sites were deeded over to the County. County Administrator Caskey advised that in the past there was a requirement in the.-County's Subdivision Ordinance that certain sized subdivisions were required to deed a small lot for agreen-box dumpster. He stated at one { 1) time the County had close to three hundred (300) green-box. dumpsters sites in the County that had to be emptied. Mr. Long reported that the Mill Swamp convenience site has been closed approximately three (3) weeks without any incidents reported. Supervisor Clark requested that Mr. Robertson contact Delegate Tyler from Southampton County and request that she support Governor. Kaine's position on transportation matters. Assistant, County Administrator Seward. briefed Supervisor Clark on the reasoning behind the continuation of vehicle decals. /1 Chairman Wright called for New Business. .Supervisor Ivy made reference to a letter dated February 27, 2006 from the County Administrator relative to Budget and Finance addressing the Board on .March 16, 2006. He offered. a motion that the Board .direct staff to schedule a meeting between the County's Budget and Finance .Director, the ..school's Finance .Director, Dr. McPherson and :himself before the school administration requests funding from the, Board of Supervisors so that he can. reiterate the Board's position. on budgets, zero balance funds and the transfer of funds back and forth. Supervisor Ivy withdrew his motion based on comments provided by County Administrator Casket' that a meeting of the Finance Committees of the School Board and the County has been scheduled for Tuesday, March 14, .2006.. // County 'Attorney Stroman requested a motion to convene in Closed Meeting pursuant to Section 2.2-3711.A,1 to discuss the performance of a specified County employee; under Section 2.2-3711.A.7 to receive legal .advice concerning actual .litigation involving Smithfield: Landing; under Section 2.2-3711.A.7 to receive legal. advice concerning. actual litigation involving the Franklin Inn; under ..Section 2.2-3711.A.7 to receive legal advice concerning actual litigation with East-West Partners; under Section 22 I~ 1 eoo~ 23 .:.:747 2.2-3711.A. to discuss the investment of public funds where discussion in open meeting would jeopardize the bargaining position of the. public. body; under Section 2.2-3711.A.1 to receive information concerning the performance and compensation of a .County employee; under Section 2.2- 3711.A.7 to receive. legal advice concerning contractual. obligations for a County facility; under Section 2.2-3711.A.7 to receive legal. advice .concerning a land use planning issue; under Section 2.2-3711:A.7 to receive legal advice concerning the annexation agreements with the Towns; under Section 2.2-3711.A l to discuss. a .personnel item with respect to ~ the performance of a specified County employee.. Supervisor Bradshaw. moved that the Board enter- the Closed Meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy -and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to the open meeting. The motion was adopted by a vote of (5-0) .with Supervisors Bradshaw, .Brown, Clark, Ivy and Wright voting in favor of the motion -and'. no Supervisors voting against the motion.. Supervisor Clark moved that theBoard adopt the: following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting;on this :date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; .and, WHEREAS, Section. 2.2-3712.D of the Code of Virginia requires ° a certification by this- Board of Supervisors that such closed .meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters. lawfully exempted from open meeting requirements- by Virginia law were discussed in the closed meeting to which this certification resolution .applies, and (ii) only such public business matters as were identified in the motion convening the closed .meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES; Brown, Bradshaw, Clark, Ivy and Wright NAYS:. 0 ABSENT DURING VOTE: 0 23 ~90~ ~J f,.,. t ~~ ABSENT DURING MEETING: 0 Supervisar Clark moved to accept the Memorandum of Understanding as presented for .the Smithfield .Fire Department :construction after appropriate xeview by the County Attorney. The motion. was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the. motion and no Supervisors voting against the motion. !/ At 8:10 p.m., Supervisor Bradshaw moved the Board adjourn. its meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and. no Supervisors voting against. the motion... 1~ homas J. .rig ,III, Chairman W. Dougl Ca cey, Clerk 24